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First Sale Doctrine › Costco

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.  less -
McDermott Will & Emery

First Sale and Copyright Misuse Doctrines Available to Extinguish Rights to Products Purchased in Gray Market - Omega S.A. v....

McDermott Will & Emery on

In a short majority opinion, the U.S. Court of Appeals for the Ninth Circuit concluded that once a copyright claimant conceded that it authorized a first sale of the watches in a foreign jurisdiction, the first sale doctrine...more

Foley Hoag LLP - Trademark, Copyright &...

Ninth Circuit (Mostly) Skirts the Issue of Copyright Misuse in Most Recent Omega v. Costco Decision

Foley Hoag LLP - Trademark, Copyright &... on

Sometimes a cigar is just a cigar, as the saying goes. However, things are not always as they appear, and sometimes events unfold in ways you would not anticipate. Such is the case with the Ninth Circuit decision in the...more

Mintz - Trademark & Copyright Viewpoints

The U.S. Supreme Court Grants Cert to Decide Scope of First Sale Doctrine

Mintz - Trademark & Copyright Viewpoints on

The U.S. Supreme Court has granted cert in order to decide an issue of great importance to all businesses involved in manufacturing and distributing products throughout the world, particularly those involved in retailing and...more

Cadwalader, Wickersham & Taft LLP

Second Circuit, in Matter of First Impression in that Circuit, Holds that non-U.S. Production or Use Does Not Trigger “First Sale...

Cadwalader, Wickersham & Taft LLP on

In reporting on Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff’d by an evenly divided Court, Costco Wholesale Corp v. Omega, S.A., 131 S.Ct. 565 (2010) — a Ninth Circuit decision affirmed by the U.S....more

Snell & Wilmer

Parallel Imports and the First Sale Doctrine

Snell & Wilmer on

Reprinted and/or posted with the permission of Daily Journal Corp. (2011). Under the “first sale” or “exhaustion” doctrine in intellectual property law, a lawful purchaser of a copyrighted, patented or trademarked...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Affirms Omega, S.A. v. Costco Wholesale Corp., Limiting The Use Of The First Sale Doctrine To Domestically Made...

Sheppard Mullin Richter & Hampton LLP on

On December 13, 2010, the Supreme Court affirmed Omega, S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff'd per curiam, No. 08-1423 (U.S. Dec. 13, 2010). Justice Kagan did not partake in the consideration or...more

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